Oklahoma § 19-863.13 - Zoning powers - Structures and equipment exempt

§ 19-863.13. Zoning powers - Structures and equipment exempt

For the purposes of promoting the public health, safety, peace,

morals, comfort, convenience, prosperity, order, quality of life,

and general welfare, and to lessen danger and congestion of public

transportation and travel, and to secure safety from fire and other

dangers, and to prevent overcrowding of land, and to avoid undue

concentration of population, and to provide adequate police

protection, transportation, water, sewerage, schools, parks,

forests, recreational facilities, military and naval facilities, and

other public requirements, and to prevent undue encroachment

thereon, the council, as respects the municipality and the board of

Oklahoma Statutes - Title 19. Counties and County Officers

any such county, as respects the unincorporated areas of the county,

are hereby empowered in accordance with the conditions and procedure

specified in this act, in the areas, respectively, to regulate the

location, height, bulk, number of stories and size of buildings and

other structures, the percentage of the lot or area which may be

occupied, the size of yards, courts and other open spaces, the

density and distribution of population, and the uses of buildings,

structures and land for trade, industry, residence, recreation,

civic and public activities and other purposes.

The zoning power hereby conferred shall not apply to the

erection, installation, and use of structures and equipment, by

public service corporations subject to the jurisdiction and

regulation of the Oklahoma Corporation Commission, or other similar

state or federal regulatory bodies; nor to the erection or use of

the usual farm buildings for agricultural purposes or the planning

of agricultural crops.

Added by Laws 1955, p. 169, § 13, emerg. eff. June 3, 1955. Amended

by Laws 1980, c. 54, § 3, eff. Oct. 1, 1980; Laws 1999, c. 220, § 4,

eff. Nov. 1, 1999.

§19-863.13A. Board of county commissioners may establish fines and

penalties.

A. A board of county commissioners may provide for enforcement

of its regulations and establish fines, penalties or other remedies

for any offense in violation of its regulations, which shall be

recoverable together with costs of suit.

B. 1. In addition to other powers and duties prescribed by

law, a board of county commissioners shall have the power to

establish and enforce fines and penalties for violation of its

zoning, subdivision, storm water and floodplain regulations,

including the issuance of citations by designated county personnel

for violations of its zoning, subdivision, storm water and

floodplain regulations. A board of county commissioners may

additionally establish that any person who fails to correct a

violation for which a citation has been issued within the period

permitted for its correction may be assessed a fine or penalty for

each ensuing day during which such failure or violation continues.

2. In issuing a citation pursuant to this subsection, the

county employee shall proceed as follows:

a.

the employee shall prepare a written citation to

appear in court, containing the name and address of

the cited person and the violation/offense charged,

and stating when the person shall appear in district

court. The time to appear specified in the citation

shall be at least five (5) days after the issuance of

the citation,

Oklahoma Statutes - Title 19. Counties and County Officers

b.

one copy of the citation to appear shall be delivered

to the person cited, and such person shall sign a

duplicate written citation which shall be retained by

the county employee, and

c.

as soon as practicable, one copy of the citation shall

be filed with the district court specified therein and

one copy delivered to the prosecuting attorney.

3. If a person fails to appear in district court at the

designated time, a warrant for arrest shall be issued.

4. Violations and penalties shall be deemed misdemeanor

offenses, punishable by a fine of up to Five Hundred Dollars

($500.00). Jurisdiction is hereby conferred upon the district court

within the county.

5. Fines and penalties collected pursuant to this subsection

shall be deposited in the appropriate county fund.

6. Issuance of citations and/or payment of fines or penalties

shall in no way preclude other remedies or appropriate action or

proceedings to prevent or remove a violation.

Added by Laws 2009, c. 271, § 1.